Common use of Support Services and Updates Clause in Contracts

Support Services and Updates. (a) The provisions of this Paragraph 7(a) apply particularly to Activated Software not licensed as a Subscription License. For Activated Software Licensor will provide Licensee with all Software Maintenance made available by Licensor for the Software during the period of time for which Licensee has purchased and paid for Software Maintenance. Initially, Licensor will provide Licensee Software Maintenance through the expiration date of the Security Device first provided by Licensor to enable functionality of the Activated Software. Subject to the provisions of Paragraph 4, Licensee’s right to receive Software Maintenance can be extended for succeeding periods of time upon payment of then applicable Maintenance Fees. If Licensee allows Software Maintenance to lapse, Licensor may, but need not, reinstate and continue Software Maintenance upon Licensee’s payment of any and all Maintenance Fees for the period or periods of time during which Software Maintenance lapsed, plus a reinstatement fee. (b) Activated Software licensed under a Subscription License includes Software Maintenance during the term set out in Paragraph 4(b). (c) As part of Software Maintenance purchased by Licensee, Licensor or its designee shall provide support services to attempt to correct any error, malfunction or defect in the Activated Software's functionality or provide an alternative process, provided that Licensee gives Licensor or its designee, as the case may be, prompt notice of the problem and sufficient information to either diagnose or recreate such problems. Licensee acknowledges that the Licensed Software is complex and may not be error free and that all errors, if any, may not be correctable or avoidable. (d) Any updates received as part of the Software Maintenance become integrated in the Licensed Product and are treated as such for the purpose of this Agreement.

Appears in 3 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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Support Services and Updates. (a) The provisions of this Paragraph 7(a) apply particularly to Activated Software not licensed as a Subscription License. For Activated Software Licensor will provide Licensee with all Software Maintenance made available by Licensor for the Software during the period of time for which Licensee has purchased and paid for Software Maintenance. Initially, Licensor will provide Licensee Software Maintenance through the expiration date of the Security Device first provided by Licensor to enable functionality of the Activated Software. Subject to the provisions of Paragraph 4, Licensee’s right to receive Software Maintenance can be extended for succeeding periods of time upon payment of then applicable Maintenance Fees. If Licensee allows Software Maintenance to lapse, Licensor may, but need not, reinstate and continue Software Maintenance upon Licensee’s payment of any and all Maintenance Fees for the period or periods of time during which Software Maintenance lapsed, plus a reinstatement feefee of 25% of such previously unpaid Maintenance Fees. (b) Activated Software licensed under a Subscription License includes Software Maintenance during the term set out in Paragraph 4(b). (c) As part of Software Maintenance purchased by Licensee, Licensor or its designee shall provide support services to attempt to correct any error, malfunction or defect in the Activated Software's functionality or provide an alternative process, provided that Licensee gives Licensor or its designee, as the case may be, prompt notice of the problem and sufficient information to either diagnose or recreate such problems. Licensee acknowledges that the Licensed Software is complex and may not be error free and that all errors, if any, may not be correctable or avoidable. (d) Any updates received as part of the Software Maintenance become integrated in the Licensed Product and are treated as such for the purpose of this Agreement.

Appears in 1 contract

Samples: End User License Agreement

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